Federal Oil Co. v. Peoples Oil Co.

Holt, ‘ J.

Plaintiff appeals from the order denying its motion in the alternative' for judgment or a new trial.

The action was upon a trade acceptance, for $1,187.52 due in 90 days after December 1, 1925, upon which defendant had stopped payment. The plaintiff’s cause of action was admitted; but as a counterclaim thereto the answer alleged that said acceptance and two others already paid, each in substantially the same amount as the one in suit, were given for a quantity of Federal Oak Motor Oil and Oak Gear Go sold and delivered by plaintiff to defendant. That the motor oil was warranted to…